Lexington-area dad arrested for marijuana farming operation in family’s garage PDF Print E-mail

The serving of an arrest warrant on Thursday, July 23, by an Indiana State Police (ISP) officer instead turned out to be the bust of an indoor marijuana “farm” at a family’s home on East State Road 356 near Lexington.

Trooper Tracy Spencer originally went to the residence of David Allen Flaminio around 5:30 p.m. that day because the officer had been told he could locate a woman there who was wanted on a warrant issued out of Scott Superior Court on a 2013 battery charge/failure to appear.

As the officer knocked on the home’s kitchen door, he said he saw two young children at a window. The older child, a nine-year-old, answered the door, he said in his probable cause affidavit. When he asked for the woman, the child said she did not live there. Trp. Spencer then asked the youngster if her parents were at home. Her father, she said, was in the garage.

Trp. Spencer knocked at that door, which he said was locked. After waiting a few minutes, a man, later identified as Flaminio, walked out, closing the door behind him.

The ISP trooper said Flaminio “...had small (pieces of a) green plant material on his shirt and on his goatee. I smelled a strong odor of marijuana emitting from the garage and on his person.”

When Trp. Spencer told Flaminio he smelled marijuana, he said the man agreed with that conclusion, adding, “Would you like to see?”

Trp. Spencer called for assistance, with Deputies Joe Guarneri and Shawn Mayer of the Sheriff’s Department responding.

Flaminio reportedly waived his rights to remain silent and for legal counsel as well as consenting to a search of the house and the garage.

Inside that structure, they allegedly discovered a fairly well-planned indoor marijuana farm with around 100 plants in various stages of development, from clones to flowering. ISP Sgt. John Cleveland, Detectives Mike Bennett and Barry Brown and Trp. Kristi Schumacher, all of the ISP Sellersburg post, were summoned to the site to handle the investigation of the “grow.” Eventually, the number of live plants grew to 150, the affidavit related.

Additionally, Trp. Spencer and Deputy Guarneri found a glass pipe and plastic container containing yet another plant in the living room of the house near where the children had looked out the window at the state trooper. In the master bedroom, marijuana plants and seeds, a digital scale, a toolbox and wood box containing drug paraphernalia and additional seeds and/or plants, a ledger, magazines on hydro-farming and $570 in cash were among items discovered by the officers.

Flaminio was taken into custody and transported to the Scott County Security Center in Scottsburg. Child Protective Services were contacted about the children.

Later, Trp. Spencer said he interviewed the alleged marijuana farmer. He said Flaminio willingly described his home-based operation, saying he harvested marijuana every two weeks. A half pound yielded Flaminio around $1,600; an ounce, $200.

Flaminio allegedly said he had been growing and processing marijuana for a couple of years.

Under Indiana’s current legal system, Flaminio, 42, was charged with Level 6 felony maintaining a common nuisance; two counts of possession of marijuana, Class B misdemeanors; and a count each of dealing in marijuana and possession of paraphernalia, both Class A misdemeanors.

Bond was set at $15,000 by corporate surety bond or $1,500 cash.

When Flaminio appeared before Judge Marsha Owens Howser on Friday, July 24, a preliminary not guilty plea was entered for him.

His trial date is scheduled October 15. A public defender has been assigned to the case.

Last Updated on Wednesday, 05 August 2015 08:03